Volume 9 (2009)
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- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice? by Martin, Antoine
- Comparative Personal Property: The Case of Shares by Pretto, Arianna
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- The E-Commerce Directive and Formation of Contract in a Comparative Perspective by Ramberg, Christina Hultmark
- The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap by Hansen, Robin F.
Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
1Università del Piemonte Orientale, email@example.com
Citation Information: Global Jurist. Volume 9, Issue 4, Pages –, ISSN (Online) 1934-2640, DOI: 10.2202/1934-2640.1345, November 2009
- Published Online:
Different ideas about justice convey different images that can be captured by a dancing metaphor. This paper suggests that the adversary system can be associated with the idea of a tango justice'; the non-adversary one with that of a rumba justice.' Tango' can be performed by two dancers and only by those two, acting together in the venture of establishing the adversarial truth. Rumba,' on the contrary, is performed by a variable number of dancers occasionally alone and occasionally in groups with many shifts and continuous substitutions of dancers and roles. It is a genuinely communal performance in the collective search of an objective truth. The paper shows that the two dances associated with the two systems reflect different notions of truth' and lead to different procedural arrangements consistent with their underlying tenets.